THE SIX KEYS TO SUCCESSFUL STRATA LIVING

[The following is an extract from the author’s speech presented at the Pacific Condominium Association’s 2006 AGM. It is based upon my observations over the past years of practice in this area as to what creates good and bad strata corporations. It is a diversion from my usual legal analysis of a particular point or issue. I trust that the readers will find it of some interest.]

1. Understand what strata living is all about

Since you are here today you probably have a very good understanding of what strata living involves. Unfortunately many owners and occupants of strata lots do not. They do not realize that strata living means surrendering a degree of one’s freedom. Given the close proximity and democratic nature of strata living, one cannot live entirely by the adage that “a man’s home is his castle”. One cannot do or act however one wishes in a strata setting. This is because what one does can have a significant impact on one’s neighbours. (I am thinking here particularly of noise issues but the extent to which one can carryout changes to the inside and outside of one’s strata lot would apply equally). A strata resident must be mindful of these limitations.

When one moves into a strata corporation one also agrees to live by a set of rules; whether or not one likes or agrees with those rules. An owner must also be prepared to live with changes to those rules that occur from time to time. If an owner is not prepared to accept (however reluctantly) this pivotal aspect of strata living then one should seriously consider whether strata living is truly for them.

2. Good people make all the difference

Over the years I have observed strata corporations both good and bad. The ones that I find are the best run are those where people are willing to get involved and help out. I am not talking just about council members. Of course dedicated and hard working council members are the backbone of a well-run strata corporation, but the participation of owners on committees and giving a hand with various chores increases the sense of community. It is this sense community that goes a great distance in making strata living all the more enjoyable and rewarding. All owners benefit from the hard work of these people. I hope that those who are unable to give as much time as others are ensure that they make the effort to thank those that do.

3. Plan ahead

As the old saying goes, “no one plans to fail, they fail to plan”. I think this adage rings true for strata corporations, especially in light of repair and maintenance issues. Where there is a long-term plan in place the owners are well protected. First, a long-term plan creates a more or less predetermined decision to do those repairs on a routine and timely basis. When that occurs, strata corporations have a better chance of avoiding larger and more costly repairs later on. Secondly, a plan permits saving over time for major projects such as roofs and painting. This allows owners to contribute smaller amounts over time rather than face a large levy all at once. (I also think it adds value to your property when it comes to selling it). Lastly, a plan that has been put in place survives the changes of council and ownership, both of which can, from time to time, significantly alter the landscape of strata politics.

Planning should not, however, be restricted entirely to repair and maintenance issues. Bylaws and rules should be routinely reviewed and updated and the performance of strata mangers, trades and other service providers should be assessed and evaluated on a regular basis.

4. Educate yourself

Although a little knowledge is sometimes viewed as a dangerous thing, some knowledge is better than none. Most council members, let alone most owners, will not have the time or inclination to learn everything there is about all aspects of operating a strata corporation, whether that be the provisions of the Strata Property Act or the ins and outs of boiler repairs. However, it can be quite helpful if at least a basic understanding of these things can be obtained; particularly of the law as it applies to strata corporations. The Strata Property Act provides the basic framework within which a strata corporation is operated. From there one has to review the numerous court cases that have interpreted the provisions of that Act, in order to get a clear understanding of the act (if that is even possible in some cases). However, a basic understanding of the law will help to dispel misconceptions among owners and residents, and will give a council an idea of when they are “in over the head” and need help.

5. Be prepared to stand your ground

You may find this odd in light of the comments I have made so far, but it is important. Every strata corporation will have at least one owner or resident who does not wish live by the rules. Some strata corporations are lucky and get more than one such person. These particular individuals can range from merely being annoying to being completely disruptive and an unbearable aggravation to those around them. Some can be downright abusive to the council and strata manager. I will leave those types of individuals aside for today. What I am referring to are owners who will simply choose to ignore a bylaw and rule and do as they please. Strata councils, and the owners, must not only realize the legal obligation under the Strata Property Act to deal with bylaw violations, but also the practical implications of not doing so. For example, if a strata corporation has a bylaw that prohibits persons under a particular age from occupying a strata lot, yet a person under that age takes up residency in a strata lot, the strata corporation needs to realize that the failure to address that violation promptly can lead to several implication, such as:

(a) The strata corporation being viewed as having acquiesced or consented to that particular breach;

(b) Another owner suing the strata corporation for not enforcing the bylaw;

(c) The creation of a precedent if allowed to carry on; and

(d) Most importantly it sends the message that the owners either do not care to or are not willing to enforce the bylaw (or any bylaw for that matter).

If the bylaw were important enough for the owners to pass, it should be important enforce to expend the time, and on occasion the money, to enforce it. After all, the owners have passed the bylaw to create a certain lifestyle within the strata corporation. A blatant violation of a significant bylaw is a challenge to that way of life. Given the close nature of strata living it is imperative that residents live by the bylaws, otherwise an anarchy of sorts will come to reign.

6. Don’t take it personally

I have found that most strata disputes are more about a clash of personalities than about the particular issue at hand. It is the issue that has acted as a lightening rod for the emotions and frustrations underlying that issue. If those feelings can be kept in check, then the issue itself can become the focus. Now, I am well aware that this is easier said than done. However, a professional approach and attitude to problematic matters can hopefully help lead to the resolution of the issue rather than the litigation of it. It might also help avoid matters coming to physical blows; which unfortunately does happen from time to time.

Some tips in this regard are:

(a) Avoid personal attacks (no matter how tempting it may be to tell someone what you think of them);

(b) Correspond in a professional and dispassionate manner (particularly if you are the strata council. You are just doing a job);

(c) Address comments to the chair at meetings, not to other participants (and try not to act like Parliament);

(d) Don’t take the bait and get drawn into a pointless argument you will not win; and

(e) Don’t be a sore looser. If your ideas aren’t accepted, accept it and work on persuading others to your point of view at a later date.

It is these long running disputes and rifts that can truly damage a strata corporation, and that damage can last for a long time.